Baptist Care (SA) Incorporated

[2013] FWCA 2166

[2013] FWCA 2166

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Baptist Care (SA) Incorporated
(AG2013/794)

BAPTIST CARE (SA) INC ENTERPRISE AGREEMENT 2013-2015

Social, community, home care and disability services
COMMISSIONER HAMPTON	ADELAIDE, 10 APRIL 2013

Application for approval of the Baptist Care (SA) Inc Enterprise Agreement 2013-2015 .

[1] An application has been made for approval of an enterprise agreement known as the Baptist Care (SA) Inc Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Baptist Care (SA) Incorporated. The Agreement is a single-enterprise agreement.

[2] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[3] On 8 April 2013, I wrote to the parties to seek clarification about aspects of the agreement.

[4] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the agreement as approved.

[5] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2013 . The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

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